Gigoux v. Griffith

Citations

• 109 Kan. 275
• 199 P. 103
• 1921 Kan. LEXIS 123

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Summons — Effect of Omission of Indorsement on Summons of Amount Claimed. An indorsement on a summons’ of the amount for which judgment will he taken if the defendant fails to answer, is only required where the action is on contract for the recovery of money, and only affects .the entry of judgment if the defendant fails to appear and answer.</p> <p>2. Same — The omission of the indorsement on the summons was an irregularity but did not render the process void.</p> <p>3. Same — It was sufficient to constitute an attempt to commence an action and was equivalent to a commencement thereof since an alias summons was issued and served on the defendant within sixty days from the time the first summons was issued.</p> <p>4. Promissory Note — Plaintiff a Bona Fide Holder in Due Course. The evidence examined, and held to be sufficient to uphold the finding that the plaintiff was a bona fide holder in due course of the note upon which the action was brought.</p>